11 7 05 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, November 7,2005
Council met in Special Session at 5:00 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Member Buol, Cline, Connors, Markham, Michalski, Nicholson,
City Manager Van Milligen, Corporation Counsel Lindahl.
Mayor Duggan read the call and stated this meeting is a Special Session of the City Council called
for the purpose of discussing the Highway 20 bridge project with the Iowa Department of
Transportation.
Dick Kautz, Iowa Department of Transportation District Engineer, and Pat Dunn of RDG Planning
and Design, spoke giving details of the proposed new bridge project. They stated the new bridge is
in its final design, with design completion in mid-2006. They have completed the ROW access
needed on the Iowa side and now are working on the Illinois side. They stressed Iowa and Illinois
must work together for this bridge, with its estimated cost of $180,000,000.
At 5:50 P.M., there being no further business, upon motion meeting adjourned.
/~4~~~M~
~~ne F. Schneider, CMC
City Clerk
*******************************************************************************************************************
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, November 7, 2005
Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium
Mayor Duggan read the call and stated this is a regular session called for the purpose of discussing
such matters which may properly come before the Council
Invocation was given by Sister Carol Karwoski, OSF, Emergency Shelter Coordinator
Proclamations: Hospice Care Month (November 2005) received by Carole Carroll; Hunger and
Homelessness Awareness Month (November 2005) received by Sister Carol Karwoski; and
Philanthropy Day (November 15, 2005) received by Sister Cathy Katoski
Carl McCarthy of Dubuque Moose Lodge #355 presented a check for $1700 to help with the needs
of Greenwood, MS as they provide aid to the evacuees of Hurricane Katrina
1
CONSENT ITEMS
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 9/28; City
Council of 10/17; Five Flags Commission of 9/19; Housing Commission of 9/27; Human Rights
Commission of 9/19; Investment Oversight Commission of 10/24; Library Board of 9/27; Park and
Recreation Commission of 10/11, upon motion received and filed.
Proof of publication of City Council Proceedings of October 3, 2005, upon motion received and filed.
Investment Oversight Quarterly Report; Airport Update; Substance Abuse Services Center Quarterly
Report, upon motion received and filed.
Notice of Claims/Suits: Mark Blocklinger for vehicle damage; Michael and Viola Elliott for property
damage; William and Joyce Glasson for property damage; Rebekkah Michel for property damage;
Penny Splinter for property damage and personal injury; Patrick Sullivan for vehicle damage, upon
motion received and filed and referred to Legal for investigation.
Corporation Counsel advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Patrick Sullivan for vehicle
damage; Penny Splinter for personal injury/vehicle damage, upon motion received and filed and
concurred.
Corporation Counsel advising that the claim of Mark Blocklinger has been referred to Tschiggfrie
Excavating Company, upon motion received and filed.
Corporation Counsel recommending settlement of the claims of Michael and Viola Elliott and
Rebekkah Michel for property damage and directing the Finance Department to issue payment, upon
motion received and filed and concurred and Finance Department to issue payment.
Corporation Counsel recommending denial of the claim of William and Joyce Glasson for property
damage, upon motion received and filed and concurred.
Tax Assessment Appeal - Stipulation of Settlement: Corporation Counsel submitting a Stipulation
of Settlement of a tax assessment appeal by Michael L. and Rita R. Klein, upon motion received and
filed and approved recommendation.
Iowa Department of Transportation Supplemental Agreement: City Manager recommending
approval of a Supplemental Agreement with the Iowa Department of Transportation related to
maintenance of primary roads in municipalities, upon motion received and filed.
Five Flags HVAC Phase I Project - Acceptance: City Manager recommending acceptance of the
Five Flags Civic Center HVAC Phase I Project as completed by Geisler Brothers Company in the
amount of $502,816.56, upon motion received and filed. Buol moved adoption of Resolution No.
492-05 Accepting improvement and Resolution No. 493-05 Approving final estimate of $502,816.56.
Seconded by Nicholson. Motion carried 7-0.
Key City Moving and Storage Lease: City Manager recommending approval of a one year lease with
Key City Moving and Storage for property at the southeast corner of Rockdale Road and Twin Valley
Drive in the amount of $5,040, upon motion received and filed and approved recommendation.
2
Sidewalk Assessment Project - Bid #1 - Acceptance: City Manager recommending that
assessments in the amount of $5,395.87 be levied against twelve parcels of property as part of the
2005 Sidewalk Assessment Project - Bid #1, upon motion received and filed. Buol moved adoption
of Resolution No. 494-05 Adopting the final assessment schedule for the 2005 Sidewalk Assessment
Project - Bid #1 including certain information required by the Code of Iowa, specifically, the number
of annual installments into which assessments are divided, the interest on all unpaid installments, the
time when the assessments are payable and directing the Clerk to certify the final schedule and to
publish notice thereof. Seconded by Nicholson. Motion carried 7-0.
Iowa Recycling Association: City Manager advising that Solid Waste Management Supervisor Paul
Schultz has been named as "Recycler of the Year" by the Iowa Recycling Association, upon motion
received and filed.
Burch Street Update (Tabled on October 3, 2005): City Manager submitting an update on the
property located at 409 Burch Street and recommending that this item be re-tabled to December 5,
2005, upon motion received and filed and tabled to 12/5/05.
Five Flags Equipment Purchase: City Manager recommending approval of the purchase of 200 ice
skates in the amount of $15,000 to replace current equipment and replacement of the fire curtain trip
mechanism in the amount of $14,700 at the Five Flags Center, upon motion received and filed and
approved recommendation.
Irrevocable License for McKesson Loading Dock: City Manager recommending approval of an
Irrevocable License for a loading dock in the alley between Locust Street and Main Street, 7th Street
and 8th Street, upon motion received and filed and approved recommendation.
Keyline Fixed Route Driver Recognition: City Manager advising that Area Residential Care
presented the Keyline fixed route drivers and dispatch staff with an award for going above and
beyond to provide assistance to the consumers served by ARC, upon motion received and filed.
Fiscal Year 2006 Annual Action Plan - Amendment #2: City Manager recommending adoption of
the amended and restated Fiscal Year 2006 Annual Action Plan for the City's Community
Development Block Grant (CDBG) program, upon motion received and filed. Buol moved adoption
of Resolution No. 495-05 Approving an amended and restated Fiscal Year 2006 (Program Year
2005) Annual Action Plan - Amendment #2 for Community Development Block Grant (CDBG) Funds.
Seconded by Nicholson. Motion carried 7-0.
Dubuque County Extension Cp2 Grant for Multicultural Center: City Manager recommending
approval of an amendment to the cp2 Agreement with Dubuque County Extension for the
Multicultural Center, upon motion received and filed. Buol moved adoption of Resolution No. 496-05
Approving an amendment to the Community Partnership (cp2) Grant Agreement between the City of
Dubuque, Iowa and Dubuque County Extension for the Multicultural Center. Seconded by Nicholson.
Motion carried 7-0.
Legislative Letters: Communication to State Legislators advising that the City has received a
$15,500 Historic Resource Development Program Grant from the State Historical Society of Iowa to
conduct an archeological investigation in and around the Shot Tower, upon motion received and filed.
Vision Iowa Report: City Manager submitting the Annual Vision Iowa Report, upon motion received
and filed.
3
White Water Creek Bridge Relocation: City Manager recommending approval of the selection of
NNW, Inc. as the consultant for the White Water Creek Bridge relocation to a planned bike/hike trail
in the Bergfeld Recreation Area, upon motion received and filed and approved recommendation.
Professional Services Floodplain Mapping: City Manager recommending approval of hiring IIW
Engineers and Surveyors to provide professional services for floodplain mapping for property in the
Dubuque Industrial Center West, upon motion received and filed. Buol moved adoption of Resolution
No. 497-05 Approving proposal for professional services with IIW Engineers and Surveyors for
floodplain mapping in Dubuque Industrial Center West. Seconded by Nicholson. Motion carried 7-0.
REAP Award Grant - Iowa 32 Bike/Hike Trail (Phase 1): City Manager advising that the City has
received a $200,000 grant from the Iowa Natural Resources Commission for the Iowa 32 (Northwest
Arterial) Bike/Hike Trail, upon motion received and filed.
Dubuque Main Street Challenge Grant Application: City Manager recommending approval of a letter
of support to Dubuque Main Street, Ltd. for Challenge Grant funding for Step By Step to locate
housing accessible to persons with disabilities at 759 Bluff Street, upon motion received and filed and
approved recommendation.
Clarke College Banners: City Manager recommending approval of a request from Clarke College to
install seventeen banners in the public right-of-way on Clarke Drive near the Atrium, upon motion
received and filed and approved recommendation.
Airport Commission Capital Improvement Program: City Manager recommending approval of a
request from the Airport Commission to change the Airport's Fiscal Year 2006 equipment
replacement schedule, upon motion received and filed and approved recommendation.
Dubuque Arts Council: Communication from the Dubuque Arts Council expressing appreciation for
the City Council's support of the performing arts, upon motion received and filed.
Quarterly Investment Report: City Manager submitting the September 30, 2005 Quarterly
Investment Report, upon motion received and filed.
Health Care Funding / Community Health Center: Communication to Congressman Jim Nussle,
Senator Chuck Grassley and Senator Tom Harkin regarding the need for health care funding and
expressing appreciation for their assistance in the establishment of a Community Health Center in
Dubuque, upon motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 498-05 Granting the issuance of one
new permit to sell cigarettes and cigarette papers to A & B Tap; Resolution No. 499-05 Granting the
issuance of one renewal permit to sell cigarettes and cigarette papers to One Flight Up; Resolution
No. 500-05 Granting the issuance of a Class "B" Liquor License to Grand Harbor Resort; Class "C"
Beer Permit to Hy-Vee, Inc. and Target Corporation; and Resolution No. 501-05 Granting the
issuance of a Class "C" Beer/Liquor License to The Bridge Restaurant, Yen Ching Restaurant and
Point Restaurant; Class "B" Wine Permit to Target Corporation; Class "E" Liquor License to Target
Corporation; and Class "WBN" Native Wine Permit to the Dubuque Area Chamber of Commerce.
Seconded by Nicholson. Motion carried 7-0.
ITEM TO BE SET FOR PUBLIC HEARING
4
United Rental Building Demolition and Site Clearance Project: City Manager recommending
initiation of the bidding process for the former United Rental Building - Demolition and Site Clearance
Project and that a public hearing be set for December 19, 2005, upon motion received and filed.
Cline moved adoption of Resolution No. 502-05 Preliminary approval of plans and specs; Resolution
No. 503-05 Fixing date of hearing on plans and specifications for 12/19/05 at a meeting to
commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in
the manner prescribed by law and Resolution No. 504-05 Ordering bids. Seconded by Markham.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Human Rights Commission (One unexpired term through January 1, 2008 - term of Oswald)
Applicants: Anthony Allen, Mary Gassman, David Loney No one spoke.
Mary Gassman communicated that she is withdrawing her application.
Long Range Planning Advisory Commission (Two unexpired terms through July 1, 2008 - terms of
Portzen and Rusk) Applicant: Shannon Lundgren No one spoke.
Appointments to the following Board: Transit Board of Trustees (Three 3-year terms through July 1,
2008 - terms of Enderson, Lightcap and Sand) Applicants: George O. Enderson, Michael Sand
Additional Applicant: Joel Lightcap
Upon motion George O. Enderson, Joel Lightcap and Michael Sand reappointed to three year terms
which will expire July 30, 2008.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Vacate and Sale of Southern Avenue Property: Proof of publication of notice of hearing to consider
vacating and disposing of City-owned property along Southern Avenue to Allan and Constance
Rowell and City Manager recommending approval, upon motion received and filed.
Allan and Constance Rowell spoke in support of their proposal to build a home on the property.
David Pins, 405 Southern, spoke objecting to the disposal of the property and questioned the loss
of green space.
S. A. Sutton, 1700 N. Algona, submitted a letter in opposition to the disposal.
Cline moved adoption of Resolution No. 505-05 Vacating and disposing of City Interest in Lot 29,
30, and 31 of Mineral Lot 39, the Easterly 30' of Lot 1 of John Breakey's Dubuque, the Westerly 56'
of Lot 1 of John Breakey's Dubuque, Lot 2 of John Breakey's Dubuque, Dubuque, IA by sale to Allan
L. and Constance J. Rowell. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Convention and Visitors Bureau - Quarterly Report: Sue Czeshinski, Dubuque Area Chamber of
Commerce Convention and Visitors Bureau, to present quarterly report, upon motion received and
filed. Sue Czeshinski spoke detailing the positive report of visitors to Dubuque.
5
Samantha Drive Culvert Update: City Manager submitting the results of the engineering analysis to
quantify the impacts to surrounding properties due to the culvert at 2440 Samantha Drive, upon
motion received and filed and directed Staff to take action and declare it a public nuisance.
Request for Proposals - Operations and Maintenance Garage Redevelopment: City Manager
recommending approval of a Request for Proposals for redevelopment of the former City Operations
and Maintenance Garage offices at 925 Kerper Boulevard, upon motion received and filed and
approved recommendation.
Sidewalk Inspection Program: City Manager recommending approval of revisions to the City's
Sidewalk Inspection Program in response to various citizen concerns, upon motion received and filed
and approved recommendation.
Zoning and Subdivision Ordinances Update: City Manager recommending approval of a revised
schedule for the update of the City's Zoning and Subdivision Ordinances, upon motion received and
filed and approved recommendation. Michalski requested an updated schedule with the dates
relevant to the City Council
Bickford Transformer Processing Facility: City Manager recommending approval of a $1,000
contribution to remediation costs to eliminate potential liability due to the City sending equipment
containing PCB's to the processing facility in Bickford, Wisconsin, upon motion received and filed and
approved recommendation.
Legislative Issues: City Manager recommending adoption of the City of Dubuque State Legislative
Issues and Priorities for the 2006 Legislative Session, upon motion received and filed and approved
recommendation and adoption.
Parade and Assembly Permits: City Manager recommending approval of an amendment to the
Parade and Assembly Permits Ordinance that excludes small groups (under 25 people) from
obtaining a public assembly permit, upon motion received and filed. Ordinance No. 61-05 Amending
the City of Dubuque Code of Ordinances Section 33-21 Parade, Assembly Permit Required,
presented and read. Buol moved that the requirement that a proposed Ordinance be considered
and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally
passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration
and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
Ribbon Cuttings: City Manager submitting proposed dates for various ribbon cuttings and requesting
Council approval, upon motion received and filed and approved dates. Nicholson and Cline stated
they were unavailable on 12/1/05.
COUNCIL MEMBER REPORTS
Mayor Duggan expressed concern that the City Council did not have a permanent seat on the
Dubuque Area Chamber of Commerce Board of Directors and urged the new Council to insist on this
as the City provides a large amount of monetary support to the Chamber.
Michalski stated there is a traffic problem on Kerper Court when Eagle Window & Door has a shift
change.
6
As this is the last meeting before the new Second Ward Council Member takes office after the
election, Suol thanked the Second Ward residents for their support.
Duggan thanked Suol for his action in resigning the Second Ward Council Seat to pursue the
Mayor's position.
Michalski lead the Council and staff in giving a hand to Council Member Suol for his terms on the
Council.
Mayor Duggan urged everyone to vote tomorrow.
At 7:44 P.M. upon motion Council went into Closed Session re: Property Acquisition - Chapter
21.5(1) U) 2005 Code of Iowa.
At 8:16 P.M. Council reconvened regular session stating that staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 8:17 P.M.
a'~ ~ /~ /
'd4'~~~~<-~~
Jeanne F. Schneider, CMC
City Clerk
1t11/16
7